RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070012273 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he has enclosed a copy of his orders which shows he was assigned as an infantryman (11B) with C Company, of the 1st Battalion, 27th Infantry of the 25th Infantry Division while stationed in the Republic of Vietnam.  The applicant continues that he received three awards of the Purple Heart while in the hospital.  

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); DA Form 20 (Enlisted Qualification Record); and promotion orders, dated 9 December 1968, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 8 July 1968. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  The applicant's DD Form 214 shows that on 7 July 1970, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The highest rank the applicant attained while serving on active duty was specialist Four/pay grade E-4.  



4.  The applicant's record shows he was assigned to Company C, 1st Battalion, 27th Infantry of the 25th Infantry Division in MOS 11C in the Republic of Vietnam during the period 15 December 1968 through 14 January 1969.  Records show that he was reassigned to Headquarters, 12th Evacuation Hospital as a patient during the period 28 December 1968 through 14 January 1969.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  

6.  Item 24 of the applicant's DD Form 214 shows the applicant was awarded the Purple Heart, the National Defense Service Medal, and the Vietnam Service Medal.

7.  Item 22 (Military Occupational Specialties) of the applicant's DD Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11B on 8 November 1968.  His record shows that on 27 August 1969, his primary MOS became 71B (Clerk Typist) and MOS 11B was listed as his secondary MOS.

8.  Item 40 (Wounds) of the applicant's DD Form 20 (Enlisted Qualification Record) shows he received a gun shot wound to his right leg on 28 December 1968.

9.  Item 41 (Awards and Decorations) of the applicant's DD Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle; and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars for qualifying with the M-14 rifle and the M-60 machinegun.  However, it does not show he was awarded the Combat Infantryman Badge.  

10.  The applicant's name is listed on the Vietnam Casualty Roster for injuries sustained as a result of hostile action while in the Republic of Vietnam on 28 December 1968.

11.  The applicant provided a copy of Department of the Army, Headquarters, 25th Infantry Division Special Orders Number 344, dated 9 December 1968, promoting him to the rank of private first class/pay grade E-3, while in MOS 11B.



12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

15.  Department of the Army, Headquarters, United States Army Training Center, Fort Campbell, Kentucky Special Orders Number 213, dated 21 August 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.

16.  Department of the Army, Headquarters, United States Army Training Center, Infantry, Fort Lewis, NC, Special Orders Number 289, dated 16 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.

17.  Department of the Army, Headquarters, 25th Infantry Division General Orders Number 9186, dated 31 December 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Theater of the Republic of Vietnam on 28 December 1968.  

18.  Department of the Army, Headquarters, 12th Evacuation Hospital (SMBL) General Orders Number 303, dated 31 December 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Theater of the Republic of Vietnam on 28 December 1968.
19.  Department of the Army, Headquarters, 25th Infantry Division General Orders Number 31, dated 2 January 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Theater of the Republic of Vietnam on 28 December 1968.  

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 25th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971.

21.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 January 1966 through 21 January 1970, based on Department of the Army General Orders Number 51, dated 1971.

22.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  The applicant's service record and Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive Phase VI campaign during his during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

23.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and item 38 of the applicant's DA Form 20 also shows that all of his recorded conduct and efficiency ratings were excellent.

24.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  Evidence of record shows that the applicant was awarded primary MOS 11B on 8 November 1968.  His record also shows that on 27 August 1969, his primary MOS was changed to MOS 71B (Clerk Typist), and MOS 11B was shown as his secondary MOS.  Further, evidence of record also shows he served in an infantry duty position in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, all of which are required by regulation for award of the Combat Infantryman Badge. 

3.  The applicant's record also shows that he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 28 December 1968.  Based on the foregoing, there is sufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle, and 
M-60 Machine Gun.  Therefore, he is entitled to have his records corrected to show these badges.

5.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.  Therefore, he is entitled to have his records corrected to show this qualification badge.

6.  Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

8.  Records show that the applicant participated in one campaign during his service in Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal. 



9.  There are three general orders that show the applicant was awarded the Purple Heart for a gun shot wound to his right leg on 28 December 1968 as a result of hostile action and that he was treated by Headquarters, 12th Evacuation Hospital on the same day.  Further, the applicant's name is listed on the Vietnam Casualty Roster twice for the same injury received on 28 December 1968.  

10.  Regulation shows that authority to award the Purple Heart was delegated to hospital commanders if the individual is hospitalization in excess of 24 hours.  Therefore, General Orders Number 9186, dated 31 December 1968, and General Orders Number 31, dated 2 January 1969, show that the Department of the Army Headquarters, 25th Infantry Division are duplicate orders and should be voided.  

11.  Based on the foregoing the applicant's record correctly shows he was awarded one Purple Heart as authorized by the Department of the Army Headquarters, 12th Evacuation Hospital (SMBL) Genera Orders Number 303, dated 31 December 1968.

12.  The applicant is entitled to the first award of the Good Conduct Medal for the period 8 July 1968 through 7 July 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__JAM___  __KAN___  _SAP__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of 

Vietnam Civil Actions Honor Medal First Class Unit Citation, one bronze service star to be affixed to his already-awarded Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.




	___Kathleen A. Newman_
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.